Accordingly, adoption is one of the most important issues that need to stay under the control of the State. Therefore, the procedures for adoption are vital. Let’s find out with LSX in this article!
Legal grounds
- 2015 Civil Law
- 2010 Adoption Law
Conditions for adoption
Thus, current law stipulates that in order to be able to carry out the adoption procedure; the adopter and the person being adopted must satisfy the conditions prescribed by the law, specifically as follows:
In case of adoptees
Following Article 14 of the Law on Adoption 2010, an adopter must fully satisfy the following conditions:
- Have full civil act capacity;
- More than 20 years old or older;
- Having health, economic and accommodation conditions to ensure the care, upbringing and education of adopted children;
- Have good moral character.
Moreover, the adopter does not fall into one of the following cases:
- Being restricted in a number of rights of parents towards minor children;
- Currently serving decisions on administrative handling at educational institutions or medical treatment establishments;
- Is serving a prison sentence;
- The criminal record expunged for one of the crimes of intentionally infringing upon the life, health, dignity and honor of others; mistreating or abusing grandparents, parents, spouses, children, grandchildren, people contributed to raising them; seducing, forcing or harboring minors to violate the law; buying, selling, exchanging, appropriating children
In particular, in case a stepfather adopts his wife’s stepchild, a stepmother adopts a stepchild from her husband or an aunt, uncle, uncle or aunt adopts a child; it does not need to meet the conditions for adoption. age and conditions in terms of health, economy, etc.
In case the adopter is a couple, both husband and wife must ensure the above conditions and must have written consent of both on the adoption.
In case of adopted
For adoption, the person must be a child under 16 years old. In special cases, an adopted person must be over 16 years old to under 18 years old if the adopter and the adopted person have a relationship:
- Stepfather, stepmother with stepchildren
- Aunt, uncle, aunt, uncle, uncle and nephew
At the same time, the adopted person can only be the adopted child of a single person or of a couple.
Dossier for adoption
In case of adoptees
Hence the regulation of law, the dossier for adoption will contain the following documents:
- Application for adoption;
- Copy of Passport, People’s Identity Card or a valid substitute document;
- Judicial history card;
- Written confirmation of marital status;
- Health certificate issued by a district-level health agency or higher;
- A written certification of family circumstances, accommodation and economic conditions, issued by the People’s Committee of the commune where the adopter permanently resides.
In case of people introduced for adoption
Hence the regulation of law, the dossier for adoption will contain the following documents:
- Birth certificate;
- Health certificate issued by a district-level health agency or higher;
- Two full-body photos, looking straight ahead, taken within 6 months;
- A written certification made by the People’s Committee or the commune-level police station where the abandoned child is discovered, for abandoned children; The death certificate of the biological father or mother or a decision of the Court declaring the biological father or mother of the child to be dead, for orphaned children; the court’s decision declaring the natural father or mother of the person introduced for adoption missing, for the person introduced for adoption, whose natural father or mother is missing; the court’s decision declaring that the biological father or mother of the person introduced for adoption loses the civil act capacity for the person introduced for adoption but the biological father or mother loses the capacity for civil acts;
- Acceptance decisions for children in foster care.
Procedure for adoption
Step 1: Submit the dossier
Firstly, the applicant shall prepare a dossier as above. Then, they should submit it at the commune-level People’s Committee where the person introduced for adoption permanently resides or where the adoptee permanently resides.
Step 2: Check the document
Secondly, within 10 days from the date of receipt of a valid dossier; the Commune People’s Committee will examine the dossier and consult the biological father, mother or guardian of the person introduced for adoption.
Step 3: Register for adoption
After reviewing the dossier and collecting opinions; in case deeming that the adopter and the person introduced for adoption fully meet the conditions following the Law on Adoption 2010, the commune-level People’s Committee shall organize the registration of the adoption of the child; give the adoption certificate to the adoptive parents, natural parents or guardian or representative of the fostering establishment; organize the delivery and adoption of the child and record it in the civil status book within 20 days, counting from the date of consent from the natural parent or guardian.
In case the commune-level People’s Committee refuses to register, it must reply in writing to the adopter, natural parents or guardian or representative of the fostering establishment; clearly stating the reason within 10 days from the date of registration. Thus, the child adoption certificate is issued by the commune-level People’s Committee of the place where the adopter or the adopted person permanently resides.
Besides, the time limit for handling child adoption is 30 days; from the date the Commune People’s Committee receives the valid application.
Lastly, thank you for paying attention to our article on “Procedures for adoption under Vietnamese Law”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.
Related questions
Firstly, Declaration
Secondly. Birth certificate
Finally, A written agreement between parents on choosing a nationality for their child is Vietnamese nationality.
Specifically, The person going to register the birth shall submit a declaration according to the prescribed form and the birth certificate to the civil status registration agency. If there is no birth certificate, the witness’s document certifying the birth shall be submitted; if If there are no witnesses, there must be a birth certificate; in case of birth registration for an abandoned child, there must be a written certification of the abandonment; made by a competent agency; in case of birth registration for a child Children born through surrogacy must have documents proving the surrogacy under the law.
Conclusion: So the above is Procedures for adoption under Vietnamese Law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
